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Deronjić: The Prosecutor v. Miroslav Deronjić

Sentencing Judgment, 30 Mar 2004, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Miroslav Deronjić was indicted for his role in the commission of crimes in the village of Glogova (Bosnia and Herzegovina) in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties, homes, and religious institutions. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty.

In order to determine the appropriate sentence, Trial Chamber II balanced the gravity of the offence, the aggravating and mitigating circumstances.

It held that the large number of casualties, the extensively planned attack, Deronjić's abuse of his political position, and the acceptance of a false statement suggesting safety for the Muslims of Glogova were relevant aggravating factors. Trial Chamber II concluded that the relevant mitigating circumstances were Deronjić's guilty plea, his co-operation with the Prosecution and the Tribunal, his remorse, and contribution to the prevention of massacres, such as the Srebrenica massacre of July 1995, from happening again.

Based on these factors, Trial Chamber II handed down a sentence of 10 years imprisonment.


Gusmao: The Public Prosecutor v. Joanico Gusmao

Judgement, 14 Apr 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor

Indonesia had illegally occupied East Timor since 1975 despite the will of the Timorese to gain independence. The Indonesian Armed Forces, together with a number of militia groups, carried out a nationwide campaign intended to terrorise and punish independence supporters.

The Accused was a member of the Laksaur militia group who had perpetrated widespread and systematic attacks against the Timorese people. The Accused was charged with the murder of a known independence supporter, whom he murdered by stabbing in the back with his sword during an attack on the village in which the victim lived. The Accused plead guilty and was sentenced to 7 years’ imprisonment by the Court for the offense of murder as a crime against humanity. 


Morreira: The Prosecutor v. Florindo Morreira

Judgement, 19 May 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor

From 1975 until 2002, Indonesia illegally occupied East Timor. The Indonesian Armed Forces along with a number of militia groups, including the Aitarak militia, perpetrated countless abuses against the civilian population and especially pro-independence supporters. One such incident occurred on 31 August 1999 at an Aitarak militia checkpoint where two individuals were searched and identified as being members of a pro-independence organisation. They were beaten to death.

The Accused, Florindo Morreira, was alleged by the Prosecution to have been involved in the beatings and actually stabbed one of the victims with a samurai sword. However, the two witnesses that were called provided unreliable and contradictory evidence. The Court therefore acquitted the Accused, finding that withdrawing the indictment alone was insufficient to guard against double jeopardy as the Accused could be indicted again by the Prosecutor in the future for the same conduct if new evidence comes to light. 


Blaškić: The Prosecutor v. Tihomir Blaškić

Judgment, 29 Jul 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. The Trial Chamber found him responsible for war crimes and crimes against humanity and sentenced him to 45 years of imprisonment. 

The Appeals Chamber found numerous errors in the trial judgment. 

Firstly, it held that the mental requirement for the mode of responsibility of ordering a crime under the Statute of the Tribunal was erroneously determined. Convicting Blaškić on the basis of the same facts under two separate modes of responsibility was also found to be an error. Secondly, the Appeals Chamber found that the Trial Chamber made errors in its assessment of the contextual requirements of crimes against humanity. And thirdly, the Appeals Chamber acquitted Blaškić of several charges committed in various locations in central Bosnia since it found that the prerequisite elements of these crimes have not been fulfilled.

The Appeals Chamber concluded by reducing Blaškić' sentence to 9 years prison.


De Deus (Domingo): The Prosecutor v. Domingo de Deus

Judgement, 12 Apr 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor

In 1999, intense violence broke out in Indonesian occupied East Timor as a referendum was held in which an overwhelming majority of Timorese voted in favour of the country’s independence. These periods of violence were characterised by acts of murder, persecution, displacement and torture of independence supporters. Much of the violence was carried out by the Indonesian armed and police forces, as well as local militia groups.

On polling day, a schoolhouse was attacked by members of the Indonesian army who proceeded to shoot bullets into the air and stab three persons before leaving with the ballot boxes. The Accused, Domingo de Deus, was a member of the Indonesian armed forces. Although he did not directly commit the stabbing and he was himself unarmed, the Special Panels for Serious Crimes convicted him on two counts of murder and one count of attempted murder as crimes against humanity due to his participation in a joint criminal enterprise to suppress the independence supporters. At sentencing, he was convicted to 2 years’ imprisonment, with the majority of the judges finding that his act of saving his relatives from the polling station merited a reduced sentence. 


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